Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    An allegation in a declaration which though not true in fact cannot be traversed. See 132 N. C. 614, 44 S. E. 354.

  • Black's Law Dictionary: 2nd Edition

    An assumption or supposition of law that something which is or may be false is true or that a state of facts exists which has never really taken place. New Hampshire Strafford Bank v. Cornell, 2 N. H. 324; Hibberd v. Smith, 67 Cal. 547, 4 Pan. 473, 56 Ain. Rep. 726. A fiction is a rule of law which assumes as true, an.d will not allow to be disproved, something which is false, but not impossible. Best, Ev. 419. These assumptions are of an innocent or even beneficial character, and are made for the advancement of the ends of justice. They secure this end chiefly by the extension of procedure from cases to which it is applicable to other cases to which it is not strictly applicable, the ground of inapplicability being some difference of an immaterial character. Brown. Fictions are to be distinguished from presumptions of law. By the former, something known to be false or unreal is assumed as true; by the latter, an inference is set up, which may be and probably is true, but which, at any cate, the law will not permit to be controverted. Mr. Best distinguishes legal fictions from presumptions juris et de jure, and divides theminto three kinds,—affirmative or positive fictions, negative fictions, and fictions by relation. Best, Pres. p. 27, § 24.